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Joint defence

Čermak and Gotovina alleged that, in a joint trial, there is a potential for different defence theories between themselves resulting in different declarations regarding certain facts and thus giving rise to serious prejudice. The Appeals Chamber, however, held differently at para. 37:

The Appeals Chamber agrees with the Trial Chamber that “[a] joint trial does not require a joint defence, and necessarily envisages the case where each accused may seek to blame the other.”[1] Likewise, the Appeals Chamber agrees that “the mere possibility of mutually antagonistic defences does not in itself constitute a conflict of interests capable of causing serious prejudice. This is because trials at the Tribunal are conducted by professional judges who are capable of determining the guilt or innocence of each accused.”[2]